Tilakwati vs Pawan
2023 Latest Caselaw 3054 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                          ON THE 20 th OF FEBRUARY, 2023
                                           MISC. PETITION No. 765 of 2023

                          BETWEEN:-
                          1.    TILAKWATI W/O SHRI MANAK, AGED ABOUT 75
                                YE A R S , OCCUPATION: HOUSEWIFE VILLAGE
                                KANHRGAON CHIKHLA DISTRICT CHHINDWARA
                                (MADHYA PRADESH)

                          2.    SUMRI BAI (DEAD) THROUGH LRS KISHORI
                                YADAV S/O LATE GANESH YADAV, AGED ABOUT
                                50 YEARS, R/O VILLAGE CHHAWADI TEHSIL
                                UMRETH DISTRICT CHHINDWARA (MADHYA
                                PRADESH)

                          3.    MAHESH YADAV S/O LATE GANESH YADAV, AGED
                                ABOUT 48 YEARS, R/O VILLAGE CHHAWADI
                                TEHSIL UMRETH DISTRICT CHHINDWARA
                                (MADHYA PRADESH)

                          4.    NANHU YADAV S/O LATE GANESH YADAV, AGED
                                ABOUT 42 YEARS, R/O VILLAGE CHHAWADI
                                TEHSIL UMRETH DISTRICT CHHINDWARA
                                (MADHYA PRADESH)

                          5.    RAMBHAROS YADAV S/O LATE GANESH YADAV,
                                AGED ABOUT 38 YEARS, R/O VILLAGE CHHAWADI
                                TEHSIL UMRETH DISTRICT CHHINDWARA
                                (MADHYA PRADESH)

                          6.    BISSO BAI W/O MOHAN, AGED ABOUT 65 YEARS,
                                R/O VILLAGE MADUA DARBAI DISTRICT
                                (MADHYA PRADESH)

                          7.    SITARAM S/O MOHAN, AGED ABOUT 50 YEARS,
                                R/O VILLAGE UMRETH HETI DISTRICT (MADHYA
                                PRADESH)

                                                                            .....PETITIONER
                          (BY SHRI SURDEEP KHAMPARIYA, ADVOCATE)

                          AND
Signature Not Verified
Signed by: NEETI TIWARI
Signing time: 2/22/2023
10:55:07 AM
                                                          2
                          1.      PAWAN S/O NATHU SAHU, AGED ABOUT 50 YEARS,
                                  VILLAGE UMRETH TEHSIL UMRETH DISTRICT
                                  CHHINDWARA (MADHYA PRADESH)

                          2.      RAGHHU (DEAD) LRS MUNNI BAI W/O LATE
                                  RAGHHU, AGED ABOUT 50 YEARS, R/O VILLAGE
                                  RAKHIKOL   DAMUA    DISTRICT    (MADHYA
                                  PRADESH)

                          3.      KHEMCHAND S/O LATE RAGHHU, AGED ABOUT
                                  35 YEARS, R/O VILLAGE RAKHIKOL DAMUA
                                  DISTRICT (MADHYA PRADESH)

                          4.      RAJESH S/O LATE RAGHHU, AGED ABOUT 32
                                  Y E A R S , R/O VILLAGE RAKHIKOL DAMUA
                                  DISTRICT (MADHYA PRADESH)

                          5.      STATE OF MADHYA PRADESH THROUGH THE
                                  COLLECTOR         CHHINDWARA DISTRICT
                                  CHHINDWARA (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (NONE)

                                  This petition coming on for admission this day, th e court passed the
                          following:
                                                                 ORDER

Petitioners have filed this petition under Article 227 of Constitution of India making a prayer that Civil Suit No.23-A/2017 be quashed.

It is submitted by counsel appearing for petitioners that Civil Suit is barred by principle of res judicata.

Heard learned counsel for petitioner. Res judicata is to be considered and decided after considering pleadings of parties and evidence available on record.

In view of same, miscellaneous petition is disposed off directing trial Court to consider the issue of res judicata while passing final judgment in the case.

Signature Not Verified Signed by: NEETI TIWARI Signing time: 2/22/2023 10:55:07 AM

(VISHAL DHAGAT) JUDGE nd

Signature Not Verified Signed by: NEETI TIWARI Signing time: 2/22/2023 10:55:07 AM